[HISTORY: Adopted by the Board of Trustees of the Village of Dundee 11-14-1989 by L.L. No. 10-1989. Amendments noted where applicable.]
The purpose of this chapter is to protect the public health, welfare and safety by regulating the operation of snowmobiles on village highways within the Village of Dundee in a manner which will promote their safe and proper use for recreation and commerce, compatible with the use for vehicular and pedestrian travel and other uses.
This chapter is enacted pursuant to the provisions of Article 8 of the Conservation Law, as enacted by Chapter 459 of the Laws of 1970.
This chapter shall hereafter be known and cited as the "Village of Dundee Snowmobile Local Law."
For the purpose of this chapter, the definitions of words, phrases and terms adopted by § 80-105 of the Conservation Law or by the rules and regulations of the Office of Parks and Recreation supplemental thereto are incorporated herein.
Snowmobile travel and operation on the shoulders of all village highways is hereby permitted subject to the rules, restrictions and conditions set forth herein.
In addition to snowmobile travel and operation on the shoulders of village highways, a snowmobile may be operated on the roadways or inside bank of village highways whenever the shoulders, slopes or areas outside the guardrails or on the back side of the snow embankments are nonexistent or impassable, provided that such travel and operation can be made without endangering or interfering with other vehicular traffic.
No person shall operate a snowmobile within the village highway right-of-way, including the roadway, shoulders, banks and slopes thereof, except on the right side of the center line of the roadway and in the same direction as the highway traffic or the nearest lane of the roadway adjacent thereto.
Whenever the operation of a snowmobile is permitted on any village highway as herein provided, the following conditions and restrictions are hereby established and shall be applicable to all such snowmobile operations:
No snowmobile shall be operated on any lands owned or occupied by the village, except the village highways.
It shall be unlawful to operate a snowmobile on any village highway at a rate of speed greater than reasonable or proper under the surrounding circumstances, and all other registered motor vehicles shall have the right-of-way over snowmobiles.
It shall be unlawful to operate snowmobiles on any village highway between the hours of 12:00 a.m. and 7:00 a.m. except for entering the village to return home.
It shall be unlawful to operate a snowmobile in any manner which creates loud, unnecessary or unlawful noise which disturbs or interferes with the peace and quiet of other persons or in any other manner which constitutes a public nuisance or a noise or injures or endangers the health, safety, comfort or repose of the public. No person shall use a muffler cutout, bypass or any other device to defeat the operation of a muffler in good working condition.
It shall be unlawful for any person less than 16 years of age to operate a snowmobile on any village highway, except to the extent and in the manner otherwise permitted by the Conservation Law in respect to a snowmobile crossing a highway. All streets are open for snowmobile travel within the Village of Dundee for the purpose of leaving or reentering the village only. Streets shall not be used for the purpose of recreation.
It shall be unlawful for any person to operate a snowmobile on any village highway unless such person is insured against public liability in an amount not less than $10,000 per person and $20,000 per accident for bodily injury and not less than $5,000 per accident for property damage. Such person must carry with him proof of such financial responsibility in said amounts, such as a certificate of liability insurance of the type required of owners and operators of motor vehicles by the Vehicle and Traffic Law of the State of New York. Such proof shall be displayed by the operator of any snowmobile, upon request to any law enforcement officer or to any person who has suffered or claims to have suffered either personal injury or damage to property as a result of the operation of such snowmobile.
Failure to comply with any of the provisions of this chapter shall be deemed a violation, and the violator shall be liable to a fine of not more than $250 or 30 days' imprisonment, except where penalties established by statute apply.